Say No to Teen Harassment in the Workplace

By Priscilla Kohl, HRTools Staff Writer

Harassment, which is prohibited under Title VII of the Civil Rights Act of 1991, is unwelcome conduct that creates an intimidating, hostile or offensive working environment, and which is based on a protected class such as race, color, sex, religion, national origin, disability and/or age, according to the U.S. Equal Employment Opportunity Commission (EEOC). 

Zero Tolerance for Teen Harassment

It is unlawful any day of the year to allow unwelcome conduct that creates an intimidating, hostile or offensive work environment for employees. Therefore, allowing such conduct towards teen-aged summertime employees is no exception. With a greater number of teens employed during the summer months, it is a good time now to raise awareness of a potential for increased sexual harassment both within and toward this age group. For both legal and financial reasons, every employer should adopt and implement a zero-tolerance policy for workplace harassment covering all employees.

For many teens, summertime employment is their first experience in the working world. They can be less knowledgeable about their employment rights, which also increases their vulnerability. Some seasonal summer workers also might believe that they don’t have the same rights or protections as to harassment or discrimination as year-round or full-time employees.

Research Shows That 35 Percent of Teens Report Being Harassed at Work

According to CCH, a Wolters Kluwer business, “More then eight million 16-to-19 year- olds are employed during the summer months, some 30 percent of the US teen population. And according to research on youth employment, 35 percent of those high-school age workers report they have been subjected to sexual harassment at work.”

Teen harassment is drawing scrutiny in the media and in the courts.  It is also the focus of increased enforcement by the EEOC.  In June 2008, the EEOC settled a $2.2 million harassment and retaliation lawsuit, including significant remedial relief, with a landmark restaurant (Tavern on the Green) located in New York’s Central Park.

While the EEOC is committed to enforcing laws and enlisting compliance, it is also committed to preventing harassment from happening in the first place. The EEOC provides free training and guidance to employers, employees and stakeholders. In September 2004, the EEOC launched Youth@Work, a Web site devoted to youth in the workforce.  This Web site is part of a national educational and outreach campaign to promote equal opportunities in the workplace.

“Approximately 80% of the lawsuits we have filed on behalf of teen workers involve allegations of sexual harassment,” states Christine Nazer, a spokeswoman with the EEOC and posted on “Equal Time with Christine.” She further explained that many lawsuits also allege “constructive discharge, an argument that conditions were so intolerable that the victims were forced to resign.”

For several years, the EEOC reported an increase in the number of lawsuits filed on behalf of young workers. “Those numbers started to decrease during Fiscal Years 2005 and 2006,” according to Nazer.

While lawsuits are not the goal of the EEOC, it has stepped up efforts to reach young workers and to cooperate with employers so that sexual harassment is avoided and prevented. The agency has sponsored more than 3,400 outreach events since 2004.

For more information about preventing discrimination and harassment in the workplace, the EEOC has developed a special section on its Web site, specifically developed for small businesses.

With a greater number of teens employed during the summer months, it is a good time now to raise awareness of a potential for increased sexual harassment both within and toward this age group.